Marblehead Police Swastika Probe Finds Policy Violations

MARBLEHEAD, MA — An independent review into the Marblehead Police Department's handling of a former officer accused of carving a swastika into the hood of another officer's personal vehicle determined that it was not a hate crime under state law, the department did not provide preferential treatment to the former officer, but that several members of the department violated department rules because they knew about the incident and failed to report the potential conduct violation.

The town released the 59-page report on the review, which included 21 interviews of police officers, department administrators and dispatchers, on Thursday. Town officials called for the administrative review into the July 2019 incident after since-retired Chief Robert Picariello said he first became aware of the accusations in November 2020.

According to the report, former officer Timothy Tufts was accused of using a flattened tin can to scratch a swastika into the hood of a fellow officer's private car after that officer had placed the can under Tufts' windshield wiper "as a joke." The officer whose car was damaged witnessed part of the incident, but said he did not want to press charges and did not file a report at the time.

The review determined that several members of the department knew, or heard rumors, about what happened and should have reported it to an "officer in charge," per to department policy.

When it finally was reported more than a year later, Chief Picariello suspended Tufts pending an internal investigation. The report said Tufts did not cooperate with the investigation and then resigned as the town and department were preparing a public statement on the incident a few weeks later.

The report said Tufts declined to participate in the administrative review as well.

"This incident is an unfortunate chapter in our police department's history, and it's one that we must collectively work to understand and address," Marblehead Town Administrator Jason Silva and Police Chief Dennis King said in a joint statement. "We will do that as one Marblehead community, with input from stakeholders who have been most affected by it, as well as through a thorough review and revision of relevant policies, procedures and training our officers and staff undergo."

The review determined that while a swastika is recognized as "a universally understood symbol of hate" against Jewish people, the incident was not a "hate crime" according to state law because the officer whose car was scratched is not Jewish, and there was no indication Tufts potentially targeted him because he thought he was Jewish.

The report also determined that the department did not give Tufts preferential treatment as a police officer because the officer whose car was scratched did not press charges, and it's department policy not to pursue charges in similar cases unless they involve a domestic violence offense.

But the report did determine that several officers had an obligation to report the incident because they had either direct or indirect knowledge that Tufts was accused of violating the conduct policy.

"We are in the process of reviewing those findings and recommendations and will act on them in meaningful ways in the weeks and months ahead to create a culture of tolerance, awareness and decisive action," Silva and King said in the joint statement. "After an administrative inquiry completed by the chief of these violations is done, a decision will be made on the appropriate remedial measures to take."

They said the review and release of the report are an effort to "develop a fuller understanding of exactly what happened and what steps we can take in the future to prevent it from happening again."

"There is no place for acts of hatred in Marblehead, and through this process, there will be accountability and lasting change that benefits our entire community," Silva and King said.

The full report, with redactions, can be found here.

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(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. Twitter: @Scott_Souza.)

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